Item 6C
Department of Planning & Development Services
S T A F F R E P O R T
November 9, 2011
CASE NO: ZA11-052
PROJECT: Zoning Change and Concept Plan for Palazzo Residence
EXECUTIVE
SUMMARY:
James and Carol Palazzo are requesting approval of a zoning change and concept
plan from “AG” Agricultural District to “SF-2” Single Family Residential District on
property described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511,
City of Southlake, Tarrant County, Texas and currently addressed as 1931 N. Carroll
Ave, Southlake, Texas. SPIN # 4
REQUEST:
The applicant is requesting approval of a zoning change and concept plan from “AG”
Agricultural District to “SF-2” Single Family Residential District in order to combine two
existing tracts totaling approximately 4.96 acres to construct a new residence.
The applicant went before the Zoning Board of Adjustment (ZBA) on October 27, 2011
to request a variance to allow the proposed barn to be located forward of the principal
residence as shown on the concept plan. At that meeting, the ZBA tabled the case to
the November 10, 2011 meeting to give the applicants a chance to meet with the
neighbors to address their concerns. The results of the November 10, 2011 ZBA
meeting will be presented at the November 15, 2011 City Council meeting. The
existing residence shown on the plan must be removed prior to issuance of a
certificate of occupancy for the new residence. A tree mitigation agreement has been
drafted and is under review by the City Attorney.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider 2nd reading approval of a zoning change and concept plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Revised Concept Plan Review Summary No. 1 dated October 13, 2011
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480-611
STAFF CONTACT:
Dennis Killough (817) 748-8072
Richard Schell (817) 748-8602
Case No.
ZA11-052
BACKGROUND INFORMATION
OWNER/
APPLICANT:
James and Carol Palazzo
PROPERTY SITUATION:
1931 N. Carroll Ave.
LEGAL DESCRIPTION:
Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511
LAND USE CATEGORY:
Low Density Residential and 100-Year Flood Plain
CURRENT ZONING: “
AG” Agricultural District
REQUESTED ZONING:
“SF-2” Single Family Residential District
CITIZEN INPUT:
The applicant opted to not hold a SPIN meeting since the earliest available
date was November 7, 2011, which would have pushed the date that the case
would have gone to second reading at City Council to January 3, 2012. The
applicant agreed to work with the SPIN representative to contact adjacent
property owners who had concerns about the proposed plans.
SOUTHLAKE 2025
PLAN:
The underlying land use designation is Low Density Residential and 100-
Year Flood Plain. The requested zoning is in conformance with this land use
designation.
PATHWAYS PLAN:
An eight (8) foot multi-use trail (natural) is shown on the Pathways Plan
along the western and northern property boundaries. A residential lot that is
platted as a single lot of record is exempt from this requirement unless:
i. .........Sidewalks are existing on both sides of the lot; or
ii. ........The lot is located within 1,500 feet of a public or private school.and
is on the same side of the street.
This property is proposed as a single lot. There is no existing trail to the
north or south of the property nor is there a school within 1,500 feet on the
same side of the street.
TREE PRESERVATION:
No trees are shown to be removed on the proposed concept/tree preservation
plan.All existing trees shown to be preserved on the City Council approved
Tree Conservation Plan must be preserved and protected during all phases
and construction of the development.
PLANNING AND ZONING
COMMISSION ACTION:
October 20, 2011; Approved (6-0) subject to RevisedConcept Plan Review
Summary No. 1 dated October 13, 2011.
st
CITY COUNCIL ACTION:
November 1, 2011; Approved at 1 reading (7-0) subject to RevisedConcept
Plan Review Summary No. 1 dated October 13, 2011 and subject to a tree
mitigation agreement to be negotiated with City Staff.
STAFF COMMENTS:
RevisedConcept Plan Review Summary No. 1 dated October 13, 2011 is
attached.
Case No. Attachment A
ZA11-052 Page 1
Case No. Attachment B
ZA11-052 Page 1
PLANS AND SUPPORT INFORMATION
CONCEPT PLAN
Case No. Attachment C
ZA11-052 Page 1
REVISED CONCEPT PLAN REVIEW SUMMARY
ZA11-052One10/13/11
Case No.: Review No.: Date of Review:
Site Plan – Palazzo Residence
Project Name:
APPLICANT: James and Carol Palazzo OWNER: James and Carol Palazzo
416 Stockton Drive 416 Stockton Drive
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 490-6278 Phone: (817) 490-6278
E-mail: c.palazzo@verizon.net E-mail: c.palazzo@verizon.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
09/13/11 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT
RICHARD SCHELL AT (817) 748-8602.
1. The accessory building labeled “New Proposed Barn” will require approval of a Variance from the
Zoning Board of Adjustment to be allowed in the front yard as shown on the concept plan. The
applicant went before the Zoning Board of Adjustment on October 27, 2011. At that meeting, the
Board tabled the case to the November 10, 2011 meeting to give the applicant a chance to meet
with the neighbors to address their concerns.
2. Show the approximate location of the 100 and 500 year flood plain crossing the eastern boundary
of the property. The 100 year storm water surface elevation boundary will need to be designated
as drainage easement on any subsequent plat. Additionally, a minimum finish floor elevation 2 feet
above the 100 year storm water surface elevation will be required established and shown on the
plat. Any construction proposed in the flood plan may require a flood plain permit.
3. Trees preservation must be provided in accordance with the following table:
Ordinance 585-D, Section 7.2, Table 2.0
Percentage of Minimum percentage of the existing tree
Table 2.0 – Existing Tree Cover Preservation Requirements
cover to be preserved*
existing tree cover on the entire site
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
Public Works Review
GENERAL COMMENTS:
1. Provide preliminary water, sewer, drainage and grading plans for this development.
2. A ROW permit shall be obtained from the Public Works Operations Department for connections with
the City’s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082.
3. Show the dimensions for the proposed driveway.
* Use the City of Southlake GPS monuments whenever possible.
Case No. Attachment D
ZA11-052 Page 1
EASEMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’
minimum and located on one lot – not centered on the property line. A 20’ easement is required if
both storm sewer and sanitary sewer will be located within the easement.
2. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to City standards.
WATER COMMENTS:
1. The minimum size for water lines is 8”.
* The water meters must be located in an easement or right-of-way.
SANITARY SEWER COMMENTS:
1. The minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public
sanitary system line that is built to City standards.
2. The existing sanitary sewer located in the ROW may need to be extended to the east property line.
* All sewer lines in easements or ROW must be constructed to City standards.
DRAINAGE COMMENTS:
1. Submit a preliminary drainage plan.
2. Provide a grading plan which includes drainage arrows and 2’ contours. Contours may be obtained
from the City of Southlake.
3. Show the limits of the floodplain if applicable.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
*
Submit 2 copies of the civil construction plans (22” x 34” full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan checklist,
standard details and general notes which are located on the City’s website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
*
A Developer’s Agreement may be required for this development and may need to be approved by the
City Council prior to any construction of public infrastructure. Construction plans for these
improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the
City Council agenda for consideration.
*
A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake
for a period of two years for all development projects. The Maintenance Bond cannot be tied to the
Performance and Payment Bond in any way.
*
Any hazardous waste being discharged must be pretreated, Ordinance No. 836.
Informational Comments:
* All existing trees shown to be preserved on the City Council approved Tree Conservation Plan
must be preserved and protected during all phases and construction of the development.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan,
and building plans, must be submitted for approval and all required fees must be paid. This may
Case No. Attachment D
ZA11-052 Page 2
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
Case No. Attachment D
ZA11-052 Page 3
SURROUNDING PROPERTY OWNERS
SPO # Owner Zoning Land Use Acreage Response
Current Owner SF1-A Low Density Residential 1.10
1.
NR
Low Density Residential,
2.
NR
Luce, Stephen Etux George A SF1-A 100-Year Flood Plain 1.04
Phelps, Thomas Etux Carolyn Low Density Residential,
3.
O
S SF1-A 100-Year Flood Plain 1.02
Low Density Residential,
4.
NR
Poole, Robert Etux Rebecca SF1-A 100-Year Flood Plain 1.04
100-Year Flood Plain, Low
5.
NR
Dang, Tom & Arlene Dang SF1-A Density Residential 1.02
100-Year Flood Plain, Low
6.
U
Patterson, James Etux Tracey SF1-A Density Residential 1.03
Sloane, Loren K Etux Marina SF1-A Low Density Residential 1.02
7. U
Means, Glenn Etux Laura SF1-A Low Density Residential 0.96
8. O
Kane, Nancy R SF1-A Low Density Residential 1.00
9.
NR
Patel, Indravadan Etux Binita SF1-A Low Density Residential 1.04
10.
NR
Case No. Attachment E
ZA11-052 Page 1
James, George Etux Tesmol SF1-A Low Density Residential 1.00
11. F
Low Density Residential,
12.
NR
Levrier,Fulgencio Jr Etux Rose SF1-A 100-Year Flood Plain 2.85
Low Density Residential,
13.
NR
Levrier,Fulgencio Jr Etux Rose SF1-A 100-Year Flood Plain 2.21
Hoover, E C Etux Fran W SF1-A Low Density Residential 2.01
14.
NR
Stiborek, B J AG Low Density Residential 0.97
15.
NR
100-Year Flood Plain, Low
16.
NR
Hillman, Luther L AG Density Residential 1.23
100-Year Flood Plain, Low
17.
NR
White, J P AG Density Residential 2.65
100-Year Flood Plain, Low
18.
NR
White, J P AG Density Residential 2.38
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eighteen (18)
Responses Received:
Five (5) – Attached
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-611
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS
4D AND 4D1, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 4.96 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-2” SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
Case No. Attachment F
ZA11-052 Page 1
District under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of
the land; effect on the concentration of population, and effect on transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of
Case No. Attachment F
ZA11-052 Page 2
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511,
City of Southlake, Tarrant County, Texas, being approximately 4.96 acres, and more
fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-2”
Single Family Residential District as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit “B”, and subject to the following
Case No. Attachment F
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conditions:
1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are
not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
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That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
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public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
st
PASSED AND APPROVED on the 1 reading the 1st day of November, 2011.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the _____ day of _______, 2011.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of
Southlake, Tarrant County, Texas and more fully and completely described below:
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EXHIBIT “B”
Reserved for approved Development Plan
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